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People v. Boyd

210 A.D.2d 137 Court N.Y. App. Div. Decision date 1994-12-20 English

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p. 137
The People of the State of New York, Respondent, v Darrell Boyd, Appellant.
[621 NYS2d 851]

—Judgment, Supreme Court, Bronx County (Joseph A. Cerbone, J.), rendered June 3, 1993, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent felony offender, to a term of 8 years to life, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755 , 757, cert denied 469 US 932 ), the evidence adduced at trial established that the defendant acted in concert with his brother in unlawfully using a duplicate key to enter the victim’s apartment, and attempting to remove property (see, People v Coll, 157 AD2d 502 , lv denied 76 NY2d 732 ).

Defendant’s claim that the court’s supplemental charge did not convey the proper meaning of intent is unpreserved for appellate review (CPL 470.05 [2]), and we decline to review it in the interest of justice. In any event, the charge as a whole conveyed the proper meaning of that term (People v Coleman, 70 NY2d 817 ). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.

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